Lawsuit questions constitutionality of drivers license law
Posted on Sunday, May 25, 2008
BENTONVILLE — A lawsuit is challenging the constitutionality of an Arkansas law requiring people to provide information about their immigration status and their Social Security number in order to get a driver’s license or identification card.
John Brown University Professor Donald Balla filed the suit Friday in Benton County Circuit Court against the state. The plaintiffs are listed as John and Jane Doe and their 15-year-old son Junior Doe.
The suit states the Does were born in another country and migrated to the United States 12 years ago. They do not have documents proving them to have legal immigrant or nonimmigrant status in the country.
The suit seeks to recover Jane Doe’s driver’s license; prevent the eventual forfeiture of Joe Doe’s license; and the eventual denial of Junior Doe’s license.
Proof of a person’s Social Security number and evidence of a person’s legal status are two of the requirements of the Driver’s License Security and Modernization Act regarding the renewal, duplication or reissuance of a driver’s license or identification card.
According to the suit, John Doe and Jane Doe have had valid legal driver’s licenses in Arkansas for the past 10 to 11 years. Jane Doe could not renew her license after she failed to present a Social Security number and evidence of her legal status.
John Doe’s license is up for renewal and he will also be denied a driver’s license, the suit states.
The suit claims the requirements are a violation of the United States Constitution and Arkansas Constitution. The suit claims that the act imposes the punishment of the loss of driver’s license without any fair proceedings. The suit also claims the act unfairly places individuals as being in the country illegally.
The suit is assigned to Circuit Judge Jay Finch.
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